TikTok sued the federal government on Tuesday over a new law that would force its Chinese parent company, TikTok, to sell the popular social media app or face a ban in the United States, setting off a battle over national security and free speech that could end up in the Supreme Court.
TikTok said the law amounted to a ban on an app used by millions of Americans to share views and communicate freely, in violation of the First Amendment. TikTok also argued that a divestiture was “simply impossible” due to a host of difficulties, such as Beijing’s refusal to sell a key feature that powers TikTok in the United States, especially within the 270-day deadline set by the law.
“For the first time ever, Congress has enacted a law that imposes a permanent, nationwide ban on a single, specific speech platform and prohibits every American from participating in a unique online community of more than a billion users worldwide,” the company said in a 67-page complaint. “Make no mistake: This bill will force TikTok to shut down by January 19, 2025.”
TikTok is fighting for survival in the United States, a fight that will largely play out in the courts in the coming months.This is a congressThe case is expected to go to the Supreme Court in a battle between the US Securities and Exchange Commission (SEC) and TikTok, which argues that the social media app poses a national security concern because of its ties to China and that a sale or ban would infringe on its users’ First Amendment free speech rights and harm the small businesses that rely on it.
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The issue is particularly thorny in an election year, as President Biden and lawmakers face potential backlash from users of the popular app, which claims 170 million monthly users in the U.S. From sharing viral dances to political commentary, Tiktok has become ingrained in people’s lives, especially for those who make a living on the platform as content creators.
Under the new law, signed by President Biden on April 24, TikTok has nine months (or one year if the president grants it an extension) to find a non-Chinese buyer. If it fails to do so, the law requires U.S. app stores and web hosting services to stop working with it — essentially banning it.
At the heart of the case are lawmakers’ intentions to protect the U.S. from what they and some experts say are national security threats. They claim the Chinese government could rely on ByteDance to hand over sensitive TikTok user data or use the app to spread propaganda. But legal experts say an order to sell or block the app could lead to changes in TikTok’s content policies and affect what users share freely on the platform, potentially infringing on their free-speech rights.
“These are very important issues, and they’re being addressed in a way that’s unprecedented,” said Evelyn Duke, an assistant professor at Stanford Law School who has done research on the First Amendment and the internet. “TikTok is essentially throwing everything it has at the table with the First Amendment in order to respond to this challenge.”
TikTok filed the lawsuit in the U.S. Court of Appeals for the District of Columbia Circuit, arguing that selling its U.S. business is “not commercially, technically, or legally feasible.” The claim is based in part on the fact that TikTok and its competitors are global in nature, with content accessible across borders and international videos part of their appeal.
TikTok argues that it is also impossible to transfer the app’s underlying code to a new owner, saying it would take years for new engineers to become familiar with the code in order to develop and maintain the platform. In addition, the company says engineers would need access to ByteDance’s software to keep TikTok functional, which the new law prohibits.
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The lawsuit states that TikTok’s success also depends on its recommendation algorithm, which helps show users tailored content that the Chinese government has said it will not sell.
TikTok noted that over the past four years, it hasspendTikTok has already separated its U.S. user data from the rest of the company and has also signed a 90-page draft national security agreement with the U.S. government.Provide third-party oversight of its content recommendations.
The company said in the lawsuit that it agreed to give the government a “shutdown option” that would allow it to suspend TikTok in the United States if the company violated part of the agreement.
Anupam Chandel, a visiting scholar at Harvard University’s Reboot Social Media Institute who has spoken out against the law, said TikTok contacted him and other experts on Monday to give an advance brief on the lawsuit. He said the Texas plan could play a key role, and whether TikTok can convince a judge that it is a reasonable and feasible alternative that addresses the government’s concerns will also be crucial.
“The real question is, what more does the administration want? I don’t have an answer to that,” Mr. Cheadle said. “Why is the Texas plan not enough? We’ve never heard that publicly.”
The company argued in its lawsuit that national security concerns about TikTok are “speculative” and insufficient to warrant violating First Amendment rights, and said President Biden and other members of Congress also use the platform, undermining the argument that it poses a threat.
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TikTok asked the court to issue a declaratory judgment that the law is unconstitutional and to issue an order blocking Attorney General Merrick Garland from enforcing it. The next step is for the government to respond.
A Justice Department spokesman declined to comment on possible litigation.
The government will likely argue that it is asking TikTok to sell, not ban it. If TikTok is banned, the government may also need to make a strong case that national security concerns justify restricting speech.